Howe v. Adams
Supreme Court of Vermont
Ejectment to recover the possession of certain lands in Andover. Plea, the general issue; trial by jury, May Term, 1855,— Underwood, J., presiding. The premises in question were owned by John Adams, who was indebted to the plaintiff upon a promissory note given previous to the 1st of December, 1850. They cpnstituted his homestead, and consisted of the house which he and his wife occupied in February, 1851, and of the land adjoining.
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Ejectment to recover the possession of certain lands in Andover. Plea, the general issue; trial by jury, May Term, 1855,— Underwood, J., presiding. The premises in question were owned by John Adams, who was indebted to the plaintiff upon a promissory note given previous to the 1st of December, 1850. They cpnstituted his homestead, and consisted of the house which he and his wife occupied in February, 1851, and of the land adjoining. John Adams conveyed certain land, including the premises in question, to Warren Adams, on the 10th of February, 1851, by a deed executed by himself alon^, and ?n…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
It is obvious from the general object and purpose of the homstead law, as well as from its specific provisions, that it was not intended to affect the essential rights of two classes of creditors; 1st. Those prior to the act coming in force; 2d. Those prior to the purchase of the particular homestead in question.
Hence the act contains no provision, applicable to those creditors whose rights are superior to the homestead interest. That class of creditors, it is supposed, will levy upon the land' without regard to this interest the same…
2Cited by19 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- McClary v. BixbySupreme Court of Vermont · 1863
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Whiteman v. FieldSupreme Court of Vermont · 1881
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